Tag Archives: car accident

NASCAR Driver Tony Stewart Named In Wrongful Death Lawsuit

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I wrote extensively last year about the fatal car crash involving Tony Stewart when his sprint car crashed into another driver who had exited his vehicle during the race. The sprint car race took place Canandaigua Motorsports Park on Aug. 9, 2014.

As many recall, a criminal investigation occurred following the fatal car accident and Mr. Stewart was absolved of any criminal wrongdoing, including negligent homicide, often referred to as manslaughter. Manslaughter charges can be sought when the crime does not rise to the level of an intentional act. Rather, the criminal act is based on some sort conscious disregard for others, which leads to another’s death. These types of charges are often brought in fatal drunk driving cases. Regardless, a grand jury was convened and they did not believe that Mr. Stewart’s actions were intentional or rose to the level of manslaughter. The grand jury concluded that Kevin Ward’s death was an accident.

Being cleared of criminal actions did not absolve Mr. Stewart from liability in civil court. The family of the deceased driver has filed a civil wrongful death lawsuit alleging Stewart of gross negligence, saying he gunned his engine and put his car into a skid as 20-year-old Kevin Ward Jr. walked onto the track after a crash at Canandaigua Motorsports Park on Aug. 9, 2014. The car struck Ward, and he was killed. The lawsuit notes Stewart’s reputation for having a temper and claims that Stewart deliberately veered toward Ward after the collision.

It will be interesting to see how far this case goes into litigation and whether the case actually goes to trial. Mr. Stewart’s legal team will no doubt argue that Mr. Ward was negligent himself by exiting his car and putting himself into harm’s way. If this case goes to the jury, I could see them concluding that Mr. Ward was at least partially at fault for stepping out into the track. The key will be whether the Ward family can prove that Mr. Stewart skidded intentionally and that was a negligent act considering he was so close to the other driver. Further, Ward’s family must show that the skidding action caused Mr. Stewart’s vehicle to fishtail and strike Mr. Ward.

If you or someone you live has been involved in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

Illinois House Speaker Madigan Stands Strong Against Tort Reform

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Many have heard the words “tort reform” on this blog and in media. New Illinois Governor, Bruce Rauner, has been touting tort reform around the state since he took office in January. Tort reform is the big business and insurance industry’s attempted lobby to limit what the injured can be awarded in civil lawsuits. 2005 legislation on capping medical malpractice awards was ruled unconstitutional in 2010 by the Illinois Supreme Court. The Court correctly concluded that this violated a plaintiff’s right to trial by jury.

The Chicago Tribune reported this week that Illinois Speaker of the House, Michael Madigan, held a daylong hearing for the entire House allowing victims of personal injury accidents and medical malpractice to have their stories heard. This included testimony from people like Molly Akers, who told of being incorrectly diagnosed with breast cancer and undergoing an unnecessary mastectomy. Testifying alongside Akers was Linda Reynolds, a Missouri resident who won a $4.5 million judgment but was not able to collect the full amount because of caps on damages in her state. Reynolds said she noticed a lump in her breast in 2003 but wasn’t taken seriously by her doctor. By the time she was diagnosed with cancer, it was too late, she said. Reynolds said the cancer has spread to other parts of her body over the years.

I applaud Speaker Madigan for standing strong against Rauner’s tort reform rhetoric. It’s funny when you hear the Governor and others beating the drum of tort reform and you have to think – – what if that was one of his family members that was misdiagnosed or involved in a catastrophic car accident? I do not believe he would just put his hands up in the air and say, “that’s life.” No, I believe he would react just like all other every day Illinoisans would. He would respond by holding those responsible for their negligent actions. Remember, anyone who has been injured due to the negligence of others has the right to have their day in court. They have the right to have their story told before a judge and a jury. They have a right to be compensated for their losses. Do not forget these fundamental rights when you go to the voting booth and who is trying to take these rights away.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

 

 

NHTSA To Focus On Drowsy Driving Prevention

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The Nation Highway Traffic Safety Administration (“NHTSA”) has focused its’ mission in recent years on preventing distracted driving. Multiple campaigns have been introduced to discourage and fight the use of phones while driving. The administration recently announced that, an issue often ignored, is drowsy driving and is an additional issue it would like to combat.

Mark Rosekind, head of the National Highway Traffic Safety Administration recently stated: “While not everybody drinks or texts or speeds, lack of sleep is a problem we all face. And falling asleep at the wheel at 70 mph is a recipe for tragedy.”

The NHTSA admits that there is a lack of research and information about lack of sleep and driving. Though Rosekind did report that he estimates that anywhere from 2 percent to 20 percent of annual traffic deaths were caused by driver drowsiness or fatigue.  But more recent research by the National Transportation Safety Board indicates that up to 1.2 million car crashes are related to drowsy driving and claim 4,000 to 7,000 lives a year, he said.

Part of the campaign will include specific research regarding drowsy driving and exactly how many traffic accidents are caused by lack of sleep. They also plan on researching what specific law are in effect that penalize sleepy drivers. There are a few laws in effect in Arkansas and New Jersey.

I look forward to seeing the results of the research and what exactly they propose to prevent drowsy driving. The obvious answer would be enacting laws that punish people who are driving on a lack of sleep that cause a car accident, especially where the other party is injured. This could be similar to what we have seen regarding distracted driving over the past five (5) years and what we have seen in drinking and driving laws over the last thirty (30) years.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, the call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

Wisconsin Woman Accused Of Using Facebook At Time Of Car Crash That Killed 3

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The Chicago Tribune reported last month that the driver of who was involved in a car crash that killed three (3) children may have been chatting on Facebook with her phone right before the accident.

Cellphone records show that the driver was sending and receiving Facebook chat messages just before the crash, Pierce County investigators allege.  Authorities believe driver inattention contributed to the Dec. 12, 2013, car crash on Wisconsin Highway 35 near Prescott.

The woman’s SUV collided with a truck after she apparently lost control on a curve. The woman’s 11 year old daughter and two 5 year old nieces died from injuries in the car crash. The truck driver and his two (2) passengers were not injured in the accident.

I have not written about distracted driving in quite some time but this is still a pervasive problem in this country. Studies have shown that texting or emailing while driving can be just as dangerous as drinking and driving. A lack of focus for a second or two is all it takes for a car accident to occur. Texting and driving has been banned in Illinois but questions remain as to whether penalties a harsh enough. I believe if it is found that the texting was the cause of an accident, and there was an injured party, then there needs to be tougher penalties. I believe that texting and driving that causes an injury should be treated the same as a DUI, which is a Class A misdemeanor in Illinois. Class A misdemeanors in Illinois can be punishable up to a year in jail.

If you or someone you love has been injured in Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

New Illinois Bill Changes Uninsured & Underinsured Motorist Coverage Law

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If you are not familiar with uninsured or underinsured motorist coverage, then above title may not mean much to you. If you have auto insurance, you have the option to purchase uninsured or underinsured coverage, which provides you coverage for bodily injuries should the driver that hit you not have insurance or not have enough insurance coverage, depending on the severity of the injury. If you involved in a car accident with a driver without insurance and are injured, this type of insurance coverage is used to pay your medical bills, lost wages and for any pain and suffering and/or disfigurement. Often times, I have been able to settle these types of cases for my clients without going to an arbitration. If settlement with the insurance carrier is not possible, then we appoint an arbitrator and the insurance company appoints an arbitrator and the two then pick a third, neutral arbitrator. A hearing is then held where the arbitrator issues an award. The hearing (or arbitration) is similar to a trial except there is no jury and the amount of witnesses is limited as evidentiary requirements are waived for certain things like medical bills, medical records and photographs. This is a quicker and less expensive way to adjudicate a case.

This week, Governor Quinn signed House Bill 5575, which raises the limits for the right to reject arbitration awards under underinsured/uninsured motorist insurance policies by 50%. The old limits were $50,000/$100,000 and are now raised to $75,000/$150,000.  Previously, the insurance companies could reject an award for an individual that was over $50,000 if the policy limits were only $50,000. Now the insurance companies would only be able to reject an award if it was over $75,000. You can read the entire bill by clicking here.

This is a victory for those who are seriously injured in car accidents by drivers who do not have insurance or are underinsured. I cannot stress how important it is for drivers to purchase full coverage insurance. You never know if the other driver who causes the car accident has insurance or not. What if you are injured by an uninsured motorist and unable work and support your family?  Purchase full coverage, so you know you and your family will be protected.

If you or someone you love has been injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.